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Home My WebLink About05172012 ZBA Minutes� �The City of West University Place A Neighborhood City ZONING BOARD OF ADJUSTMENT MUNICIPAL BUILDING 3800 UNIVERSITY BOULEVARD MEETING MINUTES May 17, 2012 6:30 p.m. Aizenda Item Discussion Action 1 Call the regular meeting to order and Protocol. Notices, Rules, Etc Carole Steen (voting), Samantha Brantley (voting), Sandy Hellums I. MEMBERS PRESENT: (voting), Milton Frankfort (voting), Katherine Brem (voting), and Debbie Scarcella gave a brief background of Samantha Brantley made a motion to Donald Yurewicz (not voting) regarding property at MEMBERS ABSENT: Priya Coffey, Don Culbert and Ed Sobash II. 3504 and 3508 permit to construct a new single family dwelling at hearing. Motion was 2 "d by Sandy Debbie Scarcella, City Planner, Sallye Clark, Planning Assistant, and III. STAFF PRESENT: Jolie Lenz, City Legal Counsel IV. CALL TO ORDER: 6:30 pm. Aizenda Item Discussion Action 1 Call the regular meeting to order and Protocol. Notices, Rules, Etc Carole Steen called the meeting to order at 6:30 p.m. Carole Steen asked the members to introduce themselves. Sallye Clark, Planning Assistant stated all notices were posted as required by city and state law. Carole Steen described the procedure of the hearings. Swearing in of witnesses Milton Frankfort moved to accept that all notices were properly posted and distributed for this meeting. Motion was 2 n by Samantha Brantley. Ayes: Carole Steen, Samantha Brantley, Sandy Hellums, Milton Frankfort, and Katherine Brem. Motion carried. Carole Steen administered the oath to all witnesses. 2 Docket No. 2012 -05, Debbie Scarcella gave a brief background of Samantha Brantley made a motion to regarding property at Docket 2012 -05. The applicant applied for a close the evidentiary portion of the 3504 and 3508 permit to construct a new single family dwelling at hearing. Motion was 2 "d by Sandy Georgetown (Now 3504 and 3508 Georgetown. This building site is Hellums. Ayes: Carole Steen, known as 3504 one - hundred twenty feet (120') wide and one- Samantha Brantley, Sandy Hellums, Georgetown), West hundred and fifty feet (150') deep. The building Milton Frankfort, and Katherine Brem. University Place, site was replatted last year. The site sits at the Motion carried. Texas 77005, (Special corner of Georgetown and Sewanee. During the After deliberation, Samantha Brantley Exception and plan review process, it was noted that the moved to grant the special exception Appeal). proposed driveway configuration did not meet the request to allow for an alternate a. Public hearing zoning regulations. The applicant's plans driveway configuration of 30' with a regarding the following proposed a side loading 3 bay garage with curb cut width of 34' for a portion of a matters: driveway and approach from the Sewanee Street semi circular driveway. Motion was 2nd 1. Request a Special side of the building site. An additional curb cut by Donald Yurewicz Ayes: Ayes: Exception from Table and driveway along the side yard area of the site Carole Steen, Samantha Brantley, 7 -5 (a) "Parking, ( Sewanee Street side) was also proposed creating Sandy Hellums, Milton Frankfort, and driveways, etc. ", Note a circular driveway. The driveway serving the 3 Katherine Brem. Motion carried. 7, "Special bay garage is thirty feet (30') wide with an Special Exception granted. Exceptions ", of additional 4' wide apron at the curb. The second The request for the appeal was Appendix A of the driveway is fourteen feet (14') wide in the side withdrawn by the applicant. Zoning Board of Adjustment Minutes May 17, 2012 Meeting 2 Code of Ordinances to yard with a fourteen foot (14') apron at the curb. allow for an alternative This driveway is approximately thirty -five (35') driveway configuration feet from the three -car driveway and sixty -three of 30' with a curb cut (63') from the intersection of Georgetown and width of 34' for a Sewanee. Part of the circular driveway will serve portion of a semi a porte -a- cochere attached to the side of the circular driveway. residence. The owner opted to revise the plans to 2. If the special comply with the regulations in order to obtain the exception is not permit and start construction granted, then applicant The applicant, Doug and Sarah Foshee, made a requests an appeal of presentation giving the reasons for requesting the the Building Official's Special Exception. Mr. Foshee handed out letters decision regarding and a listing from twelve neighbors he personally driveway width went to their home and spoke with in reference to requirements for two their special exception request. The Foshee's curb cuts on one received their support in favor of the request. The building site contained addresses are as follows 3413, 3414, 3417, 3418, in Table 7 -5 (a) of 3501, 3509, 3517/3523, 3524 Georgetown; and Appendix A and 3422, 3503 and 3507 Plumb. Section 70 -27 (b) of the Debbie Scarcella gave the staff response and Code of Ordinances. recommendation as follows: b. Deliberation, Staff Response decisions, other action, The applicant is seeking the special exception to etc. regarding the allow for an alternate driveway and maneuvering preceding matters. area design in order to construct a circular drive in the side yard area of the building site. Table 7 -5a limits the maximum number of curb cuts to one per building site abutting the street. The zoning regulations refer to Chapter 70 of the Code of Ordinances which establishes regulations for two or more curb cuts. The regulations contain specific dimensions for both curb cuts and driveway widths. The zoning regulations allow circular driveways if in compliance with the provisions of Chapter 70. Chapter 70 limits both driveways to fourteen (14') feet in width. The driveway serving the garage is proposed at thirty (30') as allowed by the zoning regulations for a single driveway serving a three -bay garage. Pavement six inches in height or less is unlimited in the side yard (setback). Although the applicant revised the original proposed driveway configuration to comply with the zoning regulations, the applicant believes the compliant configuration to be awkward and difficult to use. Staff Recommendation The ZBA may issue a special exception for a parking area, garage or driveway (or other maneuvering area) in another location or with a different design than prescribed by this ordinance, if it finds that: (i) the other location or design will not unreasonably interfere with available light and air and will not significantly alter access for fire- Zoning Board of Adjustment Minutes May 17, 2012 Meeting APPROVED THIS DAY OF 2012. Carole Steen, PM ing Officer Z ATTEST: iW&SUk Sallye A. Clar Planning Assistant fighting and similar needs; (ii) the other location or design will prevent the destruction of a qualified tree; (iii) in the case of the remodeling of a principal building, the location requested is the same location as an existing parking area, garage or driveway; or (iv) the location or design requested is necessary for safety considerations. The ZBA must also find that the request is in harmony with the general purpose and intent of the Zoning Ordinance and that the request will not cause any significant increase in on- street parking or traffic, traffic congestion, or an unreasonable burden upon public utilities or services. The burden is on the applicant to present evidence to the Board to support each finding and determination required for the issuance of this special exception. Note: Staff believes that the proposed curb cut and driveway configuration will help facilitate on- site parking and allow vehicular traffic to both enter and exit the building site without backing into the road way. Staff received no correspondence opposed to the request and no correspondence in favor of the request. No one spoke in favor of the request. No one spoke in opposition of the request. 3 Meeting Minutes. Approval of meeting minutes of April 19, 2012 The minutes were tabled until the next ZBA meeting scheduled. Adjournment. Milton Frankfort moved to adjourn the meeting. Motion was 2nd by Samantha Brantley. Ayes: Carole Steen, Samantha Brantley, Sandy Hellums, Milton Frankfort, and Katherine Brem. Motion carried. The meeting was adjourned at 6:47 p.m. APPROVED THIS DAY OF 2012. Carole Steen, PM ing Officer Z ATTEST: iW&SUk Sallye A. Clar Planning Assistant